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HomeMy WebLinkAbout1990_10_24 Zoning Board of Appeals Minutes (2) //2i) F f MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK �� IQL / OCIOBER 24, 1990, COURTROOM, TOWN CENTER J \ \, 740 WEST BOSTON POST ROAD ChairmanMAMARONECK, NEW YORK RECEIVED Present: Joel Negrin, � C 4 1990 Thomas E. Gunther PATRICIA A.DICIOCCIQ TOWN CLERK Patrick B. Kelleher a"MARONEC,K Arthur Wexler Absent: J. Rene Simon Also Present: Leo A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Lisa Parrilla, Public Stenographer Carbone, Kazazes & Associates 225 Mount Pleasant Avenue Mamaroneck, NY 10543 CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:23 PM. APPLICATION NO. 1 - CASE 988 Said application is as follows: Application of Mr. and Mrs. Paul Martin, 62 Hillcrest Avenue adjourned from the mooting of September 26, 1990. Mr. and Mrs. Martin appeared on behalf of the application and provided a detailed plan of the first floor as requested by the Board at its previous meeting. The house is on a substandard-sized lot for the current zoning. Mr. Wexler stated that he was satisfied that the intended place for the rather large addition was the logical one. He also stated that no substantial space could be added without requiring a variance. Mr. Martin presented information about other encroachments into rear setbacks granted by this Board. One he cited is at 16 Edgewood Avenue. This variance was granted in 1987 and allows a 14.5' rear yard setback. Behind the Martins, at 22 Edgewood Avenue is a detached garage less than one foot from the rear property line. Mr. Martin stated that should the variance not be granted the family would have to move, probably out of the community. He is a counselor with the local school system by which he has been employed for 20 years. It was Mr. Martin's opinion a move would cause a hardship to him and to the community. Mr. Kelleher agreed with Mr. Gunther's opinion that the addition was in keeping with similar ones granted within the neighborhood and that it was not an extensive encroachment into the setback. He added that there was no apparent objection from the neighbors. Mr. Negrin was concerned about October 24, 1990 -2- screening from the neighbor closest to the addition, and it was agreed that a condition to deal with this concern was appropriate. On motion of Mr. Gunther, ,cconded by Mr. Kelleher, the following resolutions were adopted: WHEREAS, Mr. and Mrs. Paul Martin have submitted an application to the Building Inspector, together with plans, to build a rP,9r addition on the premises located at 62 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Parcel 418; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-35 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Martin submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The addition is a minimal one. 2. The encroachment on the rear property is relatively minor. 3. The addition fits the character of other houses on the block and the one behind the house. 4. Were the lot a standard depth, no variance would be needed. 5. There is no encroachment onto the side yard. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 7. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and October 24, 1990 -2- screening from the neighbor closest to the addition, and it was agreed that a condition to deal with this concern was appropriate. On motion of Mr. Gunther, seconded by Mr. Kelleher, the following resolutions were adopted: WHEREAS, Mr. and Mrs. Paul Martin have submitted an application to the Building Inspector, together with plans, to build a rear addition on the premises located at 62 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Parcel 418; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-35 B(3) and 89-57; and WHEREAS, Mr. and Mrs. Martin submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The addition is a minimal one. 2. The encroachment on the rear property is relatively minor. 3. The addition fits the character of other houses on the block and the one behind the house. 4. Were the lot a standard depth, no variance would be needed. 5. There is no encroachment onto the side yard. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 7. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and October 24, 1990 -3- 8. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-35 B(3) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a rear addition on the premises located at 62 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Parcel 418 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the following condition shall attach to the variance: The neighbor to the southwest, Hillside Road, shall maintain the hedge which screens the two houses and replace it with a comparable one should it be eliminated. FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 2 - CASE 996 Said application is as follows: Application of Mr. and Mrs. R. Kullen requesting variances to renovate an existing sunporch and add a second floor. The structure, enlarged as proposed, will have a front yard setback on two streets of 24.9 feet and 18.5 feet where 30.0 feet is required. The existing setbacks are, respectively, 23.5 feet and 21.5 feet. Further, the addition would increase the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-7.5 Zone District, on the premises located at 61 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Lot 304. Mr. and Mrs. Kullen appeared on behalf of the application. This application had been before the Board at its previous meeting. The concern of the Board, Mr. Wexler in particular, at that time had been for the mass of the second floor part of the addition. In response to this question, Mr. and Mrs. Kullen present a number of pages of alternative drawings. They also suggested the addition of the gambrel roof line. October 24, 1990 -4- The Kullens have four older children living at home. Mr. and Mrs. Kellen want to install their new computer in a neutral space on the second floor as the children do their schoolwork in their bedrooms. Mr. and Mrs. Kellen want office space for themselves on the second floor, too, as they both work and study at night and as the children do their homework. Closet space is need also on the second floor. The Kullens plan to install as many windows as are legally possible, and will accede to their closest neighbor on Emerson Street to hire a professional landscape designer to plan screening. They will also agree to new planting in the front yard. On motion of Mr. Wexler , seconded by Mr. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. R. Kellen have submitted an application to the Building Inspector, together with plans, to renovate an existing sunporch and add a second floor on the premises located at 61 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Parcel 304; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-34 B(1) and 89-57; and WHEREAS, Mr. and Mrs. Kellen submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, RF IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The house is on a corner lot. 2. The houses on Emerson street are closer to the front property line than required. 3. This addition is no closer to Maple Hill Drive than currently. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 5. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not October 24, 1990 -5- be injurious to the neighborhood or otherwise detrimental to the public welfare; and 6. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpo^ze; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of an addition to the second story and renovation of a sun porch on the premises located at 61 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Parcel 304 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the following conditions shall attach to the variance: 1. The enclosure of the sunporch shall have a setback on the two streets of 24.9 feet and 19 feet. 2. The second floor setback from Emerson Place shall be 20.5 feet. 3. The configuration as shown on the plans for the elevation shall be maintained to give an illusion that the differential between the two floors is greater than it is. 4. A plan for landscaping shall be approved by this Board prior to the granting of a Certificate of Occupancy. FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 3 - CASE 999 Said application is as follows: Application of Mr. and Mrs. N. Arpaia requesting variance to convert/alter a one family dwelling to a two family occupancy. The proposed conversion to a two family dwelling is not a use permitted under October 24, 1990 -6- Section 89-20 A & B, or pursuant to Section 89-9 which provides iis' s not specifically permitted are prohibited. Further the parcel at which the two family use is proposed is 12,300 square feet where 20,000 square feet is required pursuant to Section 89-33 A (1) and only one legal off-street parking space (9 feet x 20 feet) is provided to Section 89-66 A, in an R- 10 One Family Residence District, on the premises located at 434 Weaver Street and know on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Lot 167. Mr. Arpaia appeared on behalf of the application. . The Board indicated that it would not grant the variance. One reason given was that such a change is under the purview of the Town Board. Mr. Arpaia withdrew his application. ***** APPLICATION NO. 4 - CASE 1000 Said application is as follows: Application of Mr. and Mrs. R. Thomma requesting a variance to retain a shed. The shed, as under construction is 2.12 feet from the side line and 2.97 feet from the rear line where 5.0 feet is required from any property line pursuant to Section 89-34 B (3) (b) for an arrpssory building, in an R-7.5 Zone District, on the premises located at 1122 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406 Lot 319. Mr. Thomma appeared on behalf of the application. He stated that storage was needed for such things as bicycles as his one-car garage was inadequate. Mr. Thomma stated that his garage and that of his neighbor are both at the rear of their properties. His yard borders on the Central School playground. Mr. Thomma stated that the shed acts as a noise barrier when his family uses its rear deck; outdoor play creates obtrusive noise from May through October. On motion of Mr. Wexler, seconded by Mr. Kelleher, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Kelleher, seconded by Mr. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. R. Thomma have submitted an application to the Building Inspector, together with plans, to retain a shed on the premises located at 1122 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406 Parcel 319; and October 24, 1990 -7- WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-34 B(3) (b) ; and WHEREAS, Mr. and Mrs. Thonu is submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The applicants require additional storage space to make full use of their property. 2. Both the applicant's garage and that of his neighbor are closer to the rear property line than the shed. 3. The lot in question is long and narrow. There is no other appropriate place to install a storage shed. 4. The only "neighbor" effected is the playing field at Central School. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-34 B(3) (b) of the Zoning Ordinance be varied and modified so as to allow the retention of a storage shed on the premises located at 1122 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406 Parcel 319 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is October 24, 1990 -8- FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 5 - CASE 1001 Said application was as follows: Application of Mr. and Mrs. I. Combes requesting a variance to retain a pool, pool deck and an extended patio. The pool, pool deck and an extended patio. The pool, pool deck and patio are prohibited as the pool deck is 7.5 feet from the rear property line where 20.0 feet is required pursuant to Section 14-48 A(2) . The pool deck is 0.0 feet from the house where 15.0 feet is required and the pool is 6.15 feet from the accessory deck where 15.0 feet is required pursuant to Section 14-48 A(1) and the deck as extended is 34.0 feet from the rear property line where 40.0 feet is required pursuant to Section 89-31 B(3) , in an R-20 Residence District, on the premises located at 26 Country Club Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 229 Lot 66. Additionally, the pool deck and filter are located over Sewer and Water Easements and must be removed or special permission obtained to allow them to remain. Edmund S. Purves, attorney, presented the application. He stated that Mr. Combes had bought the property one year ago. At that time, the applicant discovered that there were two "open" building permits. One, issued in 1976, was for a pool. Open items included fencing with the required type of gates and locks. The pool was built too close to the property line. In 1979 a building permit was issued for an addition. No Certificate of Occupancy was issued for the addition. Said addition included a deck which was built larger than was specified in the plans and which encroached into the rear setback. The property abuts the Leatherstocking Trail. Mr. Purves submitted photos and a new survey. He stated that the addition is really a terrace, not a deck, and that the house is placed on an oddly-shaped parcel. Mr. Purves contended that the three closest neighbors approve of the application. One neighbor, Mrs. Manor, wrote favorably to the Board, and her letter will become a part of the record. An additional anomaly is the pool filter house which is constructed over a Town and Westchester Joint Water Works easement. Mr. Purves stated that he and Mr. Silverberg, Town Counsel, have drafted an easement which will allow Town or Water Works employees to remove structures at the site in order to repair, inspect, or replace the pipes and catch basins. The Town or Water Works would not be responsible for restoration to an October 24, 1990 -9- "as-built" condition. Restoration of grass is the only obligation of said agencies set forth. Mr. Combes had signed said easement, and it was Mr. Hoffman's opinion that it represented a reasonable solution to a difficult situation. Mr. Jakubowski stated that the applicant had removed shrubbery which was hanging over a gas heater constructed in connection with the pool, had repaired broken parts of the terrace and had provided a new survey. On motion of Mr. Wexler, seconded by Mr. Kelleher, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. I. Combes have submitted an application to the Building Inspector, together with plans, to retain a pool, pool deck and extended patio and to seek permission to allow to remain the pool deck and filter house over sewer and water easements on the premises located at 26 Country Club Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 229 Parcel 66; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 14-48 A(1) , and 14-38 A(2) and Section 89-31 B(3) and WHEREAS, Mr. and Mrs. Combes submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, RE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The applicants would incur a financial hardship should the application not be approved. October 24, 1990 -10- 2. The encroachments and violations were not caused by the applicant; the hardship was not created hardship. 3. The property is irregularly shaped. 4. The applicant had agreed to grant an easement to the Town and the Westchester Joint Watt Works including that portion of his property under the filter house. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Sections 89-31 B(3) , 14-48 A(1) and 14-48 B(2) of the Zoning Ordinance be varied and modified so as to allow the retention of a pool, pool deck, filter and patio on the premises located at 26 Country Club Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 229 Parcel 66 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comely in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED that the following condition shall attach to this variance: The applicant shall grant an easement to the Town of Mamaroneck and the Westchester Joint Water Works for access to drainage catch basins and water pipes in form which is satisfactory to the Counsel to this Board. FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and, in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law ***** October 24, 1990 -11- NEXT MEETING The next meeting of this Board will be held November 28, 1990. ADJOURNMENT On motion of Mr. Wexler, seconded by Mr. Kelleher, the meeting was adjourned at 10:18 PM. JOEL NEGRIN, Chairman